Oklahoma SB 381: Schools; allowing a school district board of education to amend certain policy to stock inhalers. Effective date. Emergency.

Bill Text

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STATE OF OKLAHOMA 
 
1st Session of the 57th Legislature (2019) 
 
SENATE BILL 381 By: Floyd 
 
 
 
 
 
AS INTRODUCED 
 
An Act relating to schools; amending 70 O.S. 2011, 
Section 1-116.3, as amended by Section 1, Chapter 
397, O.S.L. 2013 (70 O.S. Supp. 2018, Section 1-
116.3), which relates to self-administration of 
medication; requiring a school district board of 
education that elects to stock inhalers to amend 
certain policy; establishing requirements for policy; 
updating references; providing definitions; providing 
an effective date; and declaring an emergency. 
 
 
 
 
 
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: 
SECTION 1.     AMENDATORY     70 O.S. 2011, Section 1-116.3, as 
amended by Section 1, Chapter 397, O.S.L. 2013 (70 O.S. Supp. 2018, 
Section 1-116.3), is amended to read as follows: 
Section 1-116.3.  A.  Notwithstanding the provisions of Section 
1-116.2 of this title, the board of education of each school 
district shall adopt a policy on or before September 1, 2008, that 
permits the self-administration of inhaled asthma medication by a 
student for treatment of asthma and the self-administration of 
anaphylaxis medication by a student for treatment of anaphylaxis.  
The policy shall require: 

 
 
 
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1.  The parent or guardian of the student to authorize in 
writing the student's self-administration of medication; 
2.  The parent or guardian of the student to provide to the 
school a written statement from the physician treating the student 
that the student has asthma or anaphylaxis and is capable of, and 
has been instructed in the proper method of, self-administration of 
medication; 
3.  The parent or guardian of the student to provide to the 
school an emergency supply of the student's medication to be 
administered pursuant to the provisions of Section 1-116.2 of this 
title; 
4.  The school district to inform the parent or guardian of the 
student, in writing, that the school district and its employees and 
agents shall incur no liability as a result of any injury arising 
from the self-administration of medication by the student; and 
5.  The parent or guardian of the student to sign a statement 
acknowledging that the school district shall incur no liability as a 
result of any injury arising from the self-administration of 
medication by the student. 
B.  The school board of each school district that elects to 
stock Epinephrine injectors or inhalers shall amend the policy 
identified in subsection A of this section. 
1.  The amended policy for Epinephrine injectors shall require: 
1.  The 

 
 
 
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a. the school district to inform the parent or guardian 
of each student, in writing, that a school nurse or 
school employee trained by a health care professional 
or trained in correlation with the State Department of 
Health's Diabetes Management Annual School Training 
Program may administer, with parent or guardian 
permission but without a health care provider order, 
an Epinephrine injection to a student whom the school 
nurse or trained school employee in good faith 
believes is having an anaphylactic reaction;, 
2.  A 
b. a waiver of liability executed by a parent or guardian 
be on file with the school district prior to the 
administration of an Epinephrine injection pursuant to 
paragraph 1 of this subsection;, and 
3.  The 
c. the school district to designate the employee 
responsible for obtaining the Epinephrine injectors at 
each school site. 
2.  The amended policy for inhalers shall require: 
a. the school district to inform the parent or guardian 
of each student, in writing, that a school nurse or 
school employee trained by a health care professional 
may administer an inhaler to a student whom the school 

 
 
 
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nurse or trained school employee in good faith 
believes is having respiratory distress, 
b. the school district to designate the employee 
responsible for obtaining the inhalers and spacers or 
holding chambers at each school site, and 
c. the school district to notify the parent or guardian 
of a student after administration of an inhaler. 
C.  The school district and its employees and agents shall incur 
no liability as a result of any inju